Discussion and Consideration of Pay Application #9 – Miron Construction – Tiffin Recreation Center – Motion to Approve — K-3

A person’s or organization’s status as an (d) Repackaging, except when additional insured under this insurance unpacked solely for the purpose of ends when their contract or agreement inspection, demonstration, testing, with you for such premises ends. or the substitution of parts under instructions from the This insurance does not apply to structural manufacturer, and then alterations, new construction and repackaged in the original demolition operations performed by or for container; that person or organization. (e) Any failure to make such inspections, adjustments, tests or e. The Vendor when you and such person or servicing as the vendor has organization have agreed in writing in a agreed to make or normally contract or agreement that such person or undertakes to make in the usual organization be added as an additional course of business, in connection insured on your policy. Such person or with the distribution or sale of the organization is an insured only with products; respect to “bodily injury” or “property damage” arising out of “your products” (f) Demonstration, installation, which are distributed or sold in the regular servicing or repair operations, course of the vendor’s business, subject to except such operations performed the following additional exclusions: at the vendor's premises in connection with the sale of the However, product; 1. The insurance afforded to such (g) Products which, after distribution vendor only applies to the extent or sale by you, have been labeled permitted by law; and or relabeled or used as a container, part or ingredient of any 2. If coverage provided to the vendor is other thing or substance by or for required by a contract or agreement, the vendor; or the insurance afforded to such vendor will not be broader than that which you (h) "Bodily injury" or "property damage" arising out of the sole are required by the contract or negligence of the vendor for its agreement to provide for such vendor. own acts or omissions or those of its employees or anyone else (1) The insurance afforded the vendor acting on its behalf. However, this does not apply to: exclusion does not apply to: (a) "Bodily injury" or "property (i) The exceptions contained in damage" for which the vendor is Sub-paragraphs (d) or (f); or obligated to pay damages by reason of the assumption of (ii) Such inspections, liability in a contract or agreement. adjustments, tests or servicing This exclusion does not apply to as the vendor has agreed to liability for damages that the make or normally undertakes vendor would have in the absence to make in the usual course of of the contract or agreement; business, in connection with the distribution or sale of the (b) Any express warranty products. unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; 71 1403 0121 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 11 Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2012, 2013